My philosophy is simple. I take steps my competitor’s don’t do to save my client’s time and money.
Marshall Yarmus – Owner of Civil Litigations
One example based on my many years of experience is that in my opinion often one of the worse outcomes for a Plaintiff is to receive a default judgment. Many times a Plaintiff will spend lots of time and money trying to force the Defendant to pay the default judgement, only to receive a motion to set aside the default judgment. The Defendant now wants the court to allow them to file a defence and essentially start the action over at the beginning. If there is a proposed defence which has some merit, the Defendant will almost always be permitted to file a defence.
It always surprises me that so many of my paralegal and lawyer colleagues rush to the court to sign default judgment. I believe a follow-up letter to a Defendant extending time to file a defence by a week or two, and reminding them of their obligation to file a defence, saves my clients months of wasted time, and hundreds of dollars if not more.
Marshall Yarmus’ editorial in the Toronto Sun regarding Small Claims Court http://www.torontosun.com/2016/01/07/dos-and-donts-of-small-claims-court
“Small Claims Court Experts” Small Claims Court Civil Litigations represents Both Plaintiffs & Defendants The monetary jurisdiction of the small claims court is now $25,000.00. Plaintiff representation ranges from the initial drafting and filing the claim, arranging for process serving (to avoid any disputes over service that can occur with service by other methods), to representation at settlement conference, trial, and judgment recovery. For Defendants a paralegal will draft defences, draft and serve Defendant’s Claims where appropriate, and represent to settlement conference and trial. Our firm successfully negotiates settlement in more then 50% of our cases. If Civil Litigations are unable to settle the case and it goes on to trial, you can benefit from our experience of preparing questions, and knowing what witnesses and documents are necessary to be successful. Are you familiar with the Small Claims Court Rules? Our firm is. Civil Litigations can obtain for you the maximum cost award allowable at trial. Small Claims Court Services Since 1996 our firm has provided full small claims court services, including preparation of the following forms:
- Plaintiff’s Claim
- Affidavit for Jurisdiction
- Defendant’s Claim
- Affidavit of Service
- List of Proposed Witnesses
- Request to Clerk
- Default Judgment
- Notice of Motion and Supporting Affidavit
- Certificate of Judgment
- Notice of Examination
- Notice of Garnishment
- Notice of Garnishee Hearing
- Writ of Seizure and Sale of Lands
- Writ of Seizure and Sale of Personal Property
Civil Litigations represents at all small claims court hearings including:
- Settlement Conferences
- Terms of Payment Hearings
- Assessment Hearings
- Jurisdiction Hearings
- Judgment Debtor Examinations
- Contempt Hearings
- Garnishee Hearings
Do you have a settlement conference scheduled? Do you think it is no big deal? Think again. At Civil Litigations your paralegal knows the importance of a settlement conference. Often, this is the most important hearing in the small claims court process. Ten reasons why a settlement conference may be the most important hearing in a small claims court case
- You can request that a judge at a settlement conference make many different orders. A judge is permitted to make orders including: adding or deleting parties, staying the action, amending or striking out a claim or defence, staying or dismissing a claim, directing production of document, changing the place of trial, directing an additional settlement conference, and ordering costs. (See Small Claims Court Rules 13.05(1)(2))
- The settlement conference is the place you and your legal representative can learn more about your opponent’s case. Discussions at settlement conference usually include specifics of matters only touched upon in the pleadings. A good legal representative will use what they hear at settlement conference to help them prepare for trial.
- Listen to the opposing side. Try to see the case from their point of view. A good legal representative tries to see the case from their opponent’s point of view. This helps them better assess the strengths and weaknesses of their client’s case.
- The judge at a settlement conference may make suggestions to both sides regarding what they can do to better prepare for trial. (See Small Claims Court Rule 13.03(1)(d))
- This is your chance early in a small claims court proceeding to try to settle the case, before you spend a lot of time and money preparing for trial.
- The settlement conference judge may give an opinion on who they think will be successful at trial, and why. Although, there will be a different judge if the matter proceeds to trial, it is valuable to hear a judge’s opinion.
- Can the settlement conference judge make a final and binding decision on who wins and loses without a formal trial? Yes – provided Small Claims Court Rule 13.05(4) applies. If the amount of the claim(s) is less then the appealable limit (currently $2,500.00), and prior to the commencement of the settlement conference all the parties sign a consent (form 13B) indicating they wish to obtain a final determination of the matter at the settlement conference if a medicated settlement cannot be reached.
- Most Defendants who settle the case pay the agreed upon settlement amount. In most cases where a judge decides a case at trial, the Defendant does not voluntarily make payment to the Plaintiff. The Plaintiff who wins at trial often has to spend more money and time trying
to enforce their judgment. It has been said that sometimes the worst thing that can happen for a Plaintiff is they go to trial and obtain a judgment.
- You may win at trial. The opposing side may appeal. Although appeals of small claims court decisions are not common, but they do happen. It can be very expensive to hire a lawyer to fight an appeal.
- Trials are can be very stressful. A good settlement allows both parties to walk away a little unhappy.
Judgment Recovery, Our firm collects money, where
others fail. Free Initial Consultation – Civil Litigations offers a free initial consultation in order to better understand and evaluate your legal service requirements. The Law Society of Upper Canada’s rules require that paralegals offer services at the same high standard as lawyers. Our paralegals are licensed by the Law Society of Upper Canada to provide paralegal services in Ontario Canada.
There are many different stages to a small claims court proceeding. Knowing what forms to complete and how to represent yourself at each stage can be confusing, frustrating and time consuming. Our firm can help you. A paralegal can represent you at every stage within the small claims court.
Here are the many different stages a small claims court action can take: